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HomeMy WebLinkAboutCUP 03-024 """-".":~":~:''''~~_''!:>~~-~~';',~2~~~~'~~~~~'''~"I"!':__," _.~l I, ~-,~ II ._~,_~ _____:::::::!~~_~~ I r'l~~\r-(':r" n" , L ....,~ j \"....- .....) [ I JANUARY 20, 2004 ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 03-024 """"""'O-,~,,,k"""'.~~~.:,.__ ~,__.r,,_l!~~~~""~"M~~_~_"_ -'" ~III !!Ill =~~----- ~:~~.I~ !~________________ ij,...."";"'.:.,,,,,,,."(",- APPLICANT: DUZ HOSPITALITIES, INC. ATTN: JON DEUSENBERRY 7768 E. PORTICO TERRACE ORANGE, CA 92867 PROPERTY OWNERS: IRVINE COMPANY LOCATION: 2933 EL CAMINO REAL ZONING: PLANNED COMMUNITY MIXED USE (PCMU) / EAST TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION FOR THE ON-SITE SALE OF BEER AND WINE (ABC LICENSE TYPE "41") FOR ON-SITE CONSUMPTION IN A PROPOSED 1,978 SQUARE FOOT RESTAURANT RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 04-003 approving Conditional Use Permit 03-024. Proiect Description The applicant is requesting authorization to obtain a license for the on-site sale of beer and wine (ABC license Type "41 ") for a 1,978 square foot restaurant (Crescent City Beignets _ Real New Orleans Food) proposed at 2933 EI Camino Real. The proposed restaurant is located in the East Tustin Specific Plan/Mixed Use District where alcoholic beverage sales Zoning Administrator Report CUP 03-024 Page 2 /~ establishments are permitted in association with a restaurant use subject to the approval of a conditional use permit. The restaurant is proposing to have 50 seats (25 tables) and to operate between 6:00 a.m. and 9:00 p.m. daily. The restaurant has received zoning clearance through the business license process to operate without alcohol service and interior improvements are currently being reviewed through the plan check process. Site and SurroundinQ Properties The proposed restaurant is located just off EI Camino Real and Jamboree Road within the North Village of the Tustin Marketplace Retail Center (Attachment A - Location Map). The site is bounded by commercial uses on all sides within the Tustin Marketplace. ParkinQ ReQuirements/Summary The 1,978 square foot restaurant requires one parking space for every 55 square feet of leased space; therefore, 36 parking spaces are required (1,978 sJ. + 55 = 35.96 == 36.) With the proposed restaurant included, the Tustin Marketplace has 173 surplus parking spaces as evidenced by the attached parking survey (Attachment B - Parking Survey). The Public Works Department has reviewed the project and determined that the proposed restaurant poses no potential parking or circulation concerns. Alcoholic BeveraQe Sales ReQulations and Guidelines Staff has reviewed the proposed use for conformance with the City's Alcohol Beverage Sales Establishrnent Guidelines as amended by the Planning Corn mission on May 14, 2001, and the applicable zoning code regulations. As conditioned, the proposal will meet City guidelines and regulations. The standard conditions pertaining to the City's Alcoholic Beverage Sales Establishrnent Guidelines are included in Zoning Adrninistrator Action 04-003 (Attachment D) to mitigate concerns related to the on-site sale and consumption of beer and wine in conjunction with this restaurant. Those conditions prohibit off-site consumption of alcohol (Condition 2.1), restrict outdoor seating (2.2), restrict hours of operation (2.3), require on-site food preparation (2.4), require that the site remain a restaurant in order to maintain alcohol service (2.5), provide for revocation for CUP violation(s) (2.6), require no loitering signs (2.7), restrict live entertainment or sexually oriented businesses (2.9 and 2.10), dictate the age of persons selling alcohol (2.11), fix the number of seats (2.12), regulate pay telephones (2.13) and, provide for abatement of public nuisances (2.14). Zoning Administrator Report CUP 03-024 Page 3 Condition No. 2.15 has been added to the standard conditions to require that the restaurant and any subsequent food or alcohol serving use occupying the site submit their audited financial statements at the City's request to verify that food sales exceed sales of alcoholic beverages. This would ensure that no ancillary bar use could be established where it could not meet minimum distance separation requirements contained in the Tustin City Code. Condition 2.16 has been added to the standard conditions to ensure that alcohol is only served with food orders. Alcoholic beverages sold in conjunction with delivery or to go orders would constitute off- site consumption. Section 9244(f)1.(a) of the Zoning Code establishes a 300' minimum distance from any residentially zoned properties, 500' from any existing off-site sales establishment, 600' from any place of worship, school, park, playground, clinic, hospital, heath care facility, or convalescent home for off-site sales of alcoholic beverages in conjunction with a restaurant. None of the aforementioned uses are within the respective distance requirements from the restaurant; however, off-site sales of alcoholic beverages is not requested and is not approved for this location. Standard Condition No. 2.1 will prohibit the sale of beer and wine for consumption off the premises. FINDINGS A decision to approve this request is supported by the following findings: 1. That the establishment, maintenance and operation of selling alcoholic beverages for on-site consumption, within the restaurant, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: a. The use is in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, no ancillary bar use would be able to be established at the subject location. b. The use is located in a large specific-planned commercial center where a multitude of retail, office, and restaurant uses are located. The characteristics of the use and hours of operation from 6:00 a.m. and 9:00 p.m. daily would be similar to other restaurants in the vicinity. c. There is sufficient parking for the existing and proposed uses as evidenced by the parking summary prepared for the project. 2. That the operational characteristics and features of the facility are appropriate for the location in relation to surrounding areas, and other similar uses selling or Zoning Administrator Report CUP 03-024 Page 4 ~ serving alcoholic beverages, in that the use is located in a specific planned commercial retail center and is limited to restaurant seating with on-site sales of alcoholic beverages only. As conditioned, no off-site alcoholic beverage sales are permitted and food must be served during all hours in which alcoholic beverages are served. The characteristics of the use and hours of operation would be similar to other restaurants in the retail center. 3. That, as conditioned, the proposed use is consistent with the Planned Community Commercial/Business land use designation of the City of Tustin General Plan, the East Tustin Specific Plan (Mixed Use zoning district) with the approval of a Conditional Use Permit and, the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission on May 14, 2001. 1{a~(krJ f-rvt'---- Chad Ortlieb Associate Planner ~r Attachments: A - Location Map B - Submitted Plans C - Parking Survey o - Zoning Administrator Action No. 04-003 S:ICdd\Chad\CUPIStaff ReportlCUP 03.024.doc ATTACHMENT A Location Map CASE NUMBER: CUP 03-017 LOCATION: 2933 EL CAMINO REAL AUTHORIZATION FOR THE ON-SITE SALE OF BEER AND WINE (ABC LICENSE TYPE "41") FOR ON-SITE CONSUMPTION IN A PROPOSED 1,978 SQUARE FOOT RESTAURANT ~ " ATTACHMENT B Submitted Plans ! +~ I \ CD ----J CO c- en -n I ( J / ~- -1 rJ C CfJ I I~ -:=; ~ I \ r~ , ) ~ L1 C , -n ~c J't ~ -.:;'/ 7'-0' , I 5'-11' ~ 0 ~ 1'-0' 1'-0" , 1'-0' s'-s" &'-6" 5'-5" ~'-1" -t 6'-3' 6'-5" 2'-6" 6'-2" 5'-" 5'-1" I! I " [[Q:D [[Q:D ~ CD B np;.~ b~~ '=' An g 8- !~ ~I []J, [";'] ~ ~ 7'-Il}' 1'-()" 7'-10' 1'-0' <-8' --+ 1'-0' .~ l) (j) Cf) (j) :=J r-r n ,~ ~ z: 'C) 03 :3 u :::; ~,) !'--...) o o (.I'J /,,-, Cresent City, Tustin, Col iforn io \ , '\ d OFFI CE , , 4 I 4 --------I'l~ ~ I~~ __mmc-n___n~_' 7 f -)(')(')1 :':(~{' """" i 30 Oct. 03 1/8"=1'-0" I [il! ! " :[ 5 (Q IW D / ./"'''. "', ),h, ! ~ Iillil ~,,:,i nJ ~...m~['J o HI ~ rnl l.L.-i! ,;:::~Rr~~2;> ~-1J 1'-1) ,~.q'Dlj<)')';G'2J.1 , rc: =:JJ :cCb o=C]=:JJ :cCb [Ci \ " I '-_ I H 1978 USF ~/ ! 180~ ~ II '-....____.. .._.._.._..___...J I \ \. - --. --.. -.. - - --. - - -. --. -- - -.. - - -- - --) --' -. -. -' - - BRYAN" AVENuE- -. - - -- -.- , , , , " : i: , " : I i: - THE I I 'I GOODGUYS , 'I" , " I 1'1 'c' I"~ j <0: I I Ig, 'a__....__... I ,,: IT.;....u. r , , , , , , , , , , , , , , , , , , \ o SO' r-o The Market Place Irvine, California LPA Project No. 21113.10 EB ~""","",,""'Doop ..--- r1U'8I'l'PftChlr '......CIlntH FAX H1.2JO.1I9O """"" PHASE 1 1".180' Developed for The IlVine Company 9.5.02 ,,""""""",..,..,....~'.... il '" , , 1::'. :":. <=> II... ~o ::,. a: 'II'. ~ 'n' IX III ~ 'II ::l!: 'III ~ IIII 'II' '" II:: '" In: . ill. 'IlL ~\\ ) , ; , , ., ,,' " I: [ " I' " " I' " " I' " " l" ~ ATTACHMENT C Parking Summary ~ ro ~ ~. ~ m ro N ~ M M ;; m ~ M m I i ! , i Q' w z w 0 0 ~ ",<= ~ ~ 8 ,,;! "'''' ;; ;; ;; . . . ~ ~ ~ g 0 g " .E E .E . il . " " ill ill ill ~ ATTACHMENT D Zoning Administrator Action No. 04-003 ~ ZONING ADMINISTRATOR ACTION 04-003 CONDITIONAL USE PERMIT 03-024 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 03-024 was filed by Jon Deusenberry for Crescent City Beignets Restaurant requesting authorization to obtain a license for the on-site sale and consumption of beer and wine (ABC License Type "41 ") in a restaurant proposed at 2933 EI Camino Real, Tustin. B. That the proposed use is allowed within the East Tustin Specific Plan/Mixed Use land use designation, with the approval of a Conditional Use Permit, and within the Planned Community Commercial/Business land use designation of the City of Tustin General Plan which provides for a variety of commercial uses including restaurants. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That a public hearing was duly called, noticed and held on said application on January 20, 2004, by the Zoning Administrator. D. That the establishment, maintenance and operation of selling alcoholic beverages for on-site consumption, within the restaurant, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: a) The use is in conjunction with a restaurant where food will be served at all times when alcoholic beverages are served. As conditioned, no ancillary bar use would be able to be established at the subject location. b) The use is located in a large specific-planned commercial center where a multitude of retail, office, and restaurant uses are located. The characteristics of the use and hours of operation from 6:00 a.m. and 9:00 p.m. daily would be similar to other restaurants in the vicinity. c) There is sufficient parking for the existing and proposed uses as evidenced by the parking summary prepared for the project. Zoning Administrator Action 04-003 CUP 03-024 Page 2 ~ d) As conditioned, the proposed use is consistent with the Alcoholic Beverage Sales Establishment Guidelines adopted by the Planning Commission on May 14, 2001. E. This project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit No. 03-024 authorizing the on-site sale and consumption of beer and wine (ABC License Type "41") in conjunction with an existing restaurant located at 2933 EI Camino Real, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 20th day of January 2004. ELIZABETH A. BINSACK ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 04-003 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of January, 2004. ELOISE HARRIS Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 04-003 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 20, 2004, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 Conditional Use Permit approval shall become null and void unless an Alcoholic Beverage Control License Type "41" is obtained from the Department of Alcoholic Beverage Control and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration, (1) 1.3 All conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this project or as specified, subject to review and approval of plans by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 03-024 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a revised, notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Conditional Use Permit 03-024 authorizes an ABC License Type "41" for the on-site sale and consumption of beer and wine. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PCtCC POLICY Zoning Administrator Action 04-003 Exhibit A CUP 03-024 Page 2 (1 ) *** 1.6 As a condition of approval of Conditional Use Permit 03-024, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. 1.7 Project approval may be reviewed by the Community Development Director every six (6) months from the date of this exhibit to ensure compliance with conditions of approval and to prevent any adverse impacts to the surrounding community. The Director may recommend to the Planning Commission modification to the existing conditions or impose new conditions as part of such review to protect the public health, safety, community aesthetics, and general welfare. USE RESTRICTIONS (3) 2.1 No off-site sale or consumption of alcohol for any type of ABC license is authorized. (5) 2.2 Alcoholic beverages may not be served or consumed outside of the restaurant, unless a physical barrier is approved by the Community Development Department and the Department of Alcoholic Beverage Control prior to installation. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. (5) 2.3 Hours of sales of beer and wine shall be limited to the hours when food is available. Menu items shall be available in the restaurant during business hours. Hours of operation shall be 6:00 a.m. to 9:00 p.m. daily, unless otherwise authorized by the Community Development Director. (1) 2.4 The menu of the restaurant shall consist of foods that are prepared on the premises. (5) 2.5 Authorization for the on-site sales of beer and wine (ABC License Type "41") is contingent upon the use of the subject premises remaining a ~. Zoning Administrator Action 04-003 Exhibit A CUP 03-024 Page 3 restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. (5) 2.6 The restaurant shall operate within all applicable State, County, and Tustin City Code provisions. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. (2) 2.7 No loitering signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. (2) 2.8 All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas and parking areas, no less frequently than once each day that the business is open. (2) 2.9 An approved live entertainment permit is required prior to establishing any dancing or live entertainment on the premises. (1) 2.10 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. (5) 2.11 All persons selling alcoholic beverages shall be eighteen (18) years of age or older and shall be supervised by someone twenty one (21) years of age or older. A supervisor shall be present in the same area as the point of sale. (2) 2.12 The total number of seats shall not be increased above fifty (50) seats unless the property owner demonstrates, through the submittal of a parking and land use summary, or as otherwise authorized by current provisions of the Tustin City Code, that an adequate number of on-site parking spaces are available in the retail center. (2) 2.13 Public telephones shall be permitted on the inside of the establishment and shall be modified to prevent incoming calls. (2) 2.14 Business operations shall be in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin.